This matter is before the Authority on exceptions to the award of
Arbitrator Alfred G. Albert filed by the Activity under section 7122 (a) of the
Federal Service Labor - Management Relations Statute (the Statute) and part
2425 of the Authority's Rules and Regulations. The Union filed an opposition.
1

II. Background and Arbitrator's Award

The Arbitrator identified the issues in this case as whether management
violated the parties' collective bargaining agreement when it denied the
grievant's request for 8 hours of official time to perform certain
representational activities and his request to change his work schedule so he
could perform the activities when he otherwise would be in a duty status. The
Arbitrator noted that the grievant had originally been scheduled for leave, but
requested a change in his work schedule when the representational activities
could not be rescheduled. He concluded that the Activity improperly denied the
grievant's request to change his work schedule. As his award, the Arbitrator
determined that the grievant was entitled to the amount of official time
requested and that the denial was contrary to the agreement. He directed the
Activity to adjust the grievant's leave balance accordingly.

III. Discussion

The Activity contends that the Arbitrator's "belief, that the grievant
performed the representational activities while on leave is erroneous and that
consequently the Arbitrator's direction that the Activity "adjust (the
grievant's) leave balance accordingly, is contrary to the Back Pay Act since
there is no leave to be restored.

We conclude that the Activity has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in section 7122
(a) of the Statute; that is, that the award is contrary to any law, rule, or
regulation, or that the award is deficient on other grounds similar to those
applied by Federal courts in private sector labor-management relations cases.
See, for example, American Federation of Government Employees, AFL - CIO, New
York - New Jersey Council of District Office Locals, Social Security
Administration and Department of Health and Human Services, Social Security
Administration District Office Operations, 7 FLRA 413, 417 (1981) (assertion
that the Arbitrator's interpretation of an official time provision of the
parties' collective bargaining agreement was based on a "nonfact", constituted
nothing more than disagreement with the Arbitrator's interpretation of the
agreement and provided no basis for finding the award deficient); Bureau of
Alcohol, Tobacco, and Firearms and National Treasury Employees Union, 12 FLRA
49 (1983) (exception contending that an award of backpay if overtime work was
available was contrary to the Back Pay Act was not deficient as alleged because
if no overtime was available, the award did not require any payment and was not
violative of the Back Pay Act). In this case, if the grievant did not use leave
to perform the representational activities for which official time was
improperly denied, there is no leave to restore. Accordingly, the Activity's
exceptions are denied.

Footnote 1 In its opposition, the Union contends
that the Activity's exceptions which were timely filed should be dismissed as
untimely because the Activity did not serve the Union with copies of the
attachments to the exceptions within the 30-day period for filing exceptions.
However, consistent with established practice of the Authority, the Activity
was granted a specified period of time in which to cure the deficiency of the
failure to serve the attachments. Because the deficiency was cured within the
period specified, the exceptions are properly before the Authority and will not
be dismissed. In addition, no basis is provided for rejecting the attachments
because they fail to constitute a complete record of the hearing and constitute
"new and material evidence" as the Union alleges. We find that the attachments
were appropriately submitted as evidence which the Activity asserts supports
its exceptions to the award.